Could a South Carolina coroner discard old death-investigation files to make room for new records?

Plain-English summary

Anderson County’s coroner asked how long death-investigation files had to be kept, noting limited space and records dating back decades. The Assistant Deputy AG advised against destroying or removing them.

He found no statute expressly allowing a coroner to destroy those records outside the Public Records Act. That act governed which public records must be preserved, and the letter identified the Department of Archives and History as the agency with authority to set retention periods under the statutory scheme. The author also observed that old death files might matter in later criminal or civil cases or have historical value. He recommended contacting the department’s Local Records Division for storage or duplication guidance.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the AG identify a fixed retention period for coroner files? A: No. He found no coroner-specific destruction rule and referred to the Public Records Act and Archives and History’s role.

Q: Could the coroner destroy files simply because office space was limited? A: The author advised against it and said public records could be destroyed only through statutory direction.

Q: What alternative did the letter suggest?
A: It recommended asking the Department of Archives and History’s Local Records Division about storage or duplication.

Background and statutory framework

Section 30-1-10 and related provisions governed South Carolina public records. The letter cited Section 30-1-30’s penalty for unlawful removal or destruction and treated the absence of separate coroner authority as a reason to follow the public-records scheme.

Citations and references

Statutes discussed: Section 30-1-10; Section 30-1-30.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/march-25-1997-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/97march25shore.pdf

Original opinion text

·'

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATIORNEY GENERAL

March 25, 1997

I

I
I

The Honorable Greg L. Shore
Coroner, Anderson County
Post Office Box 8002
Anderson, South Carolina 29622
Re: Informal Opinion
Dear Coroner Shore:

•

You ask for an Opinion as to whether "there is a South Carolina Law as to how long we must maintain the files on death investigation in our office." You state that "[w]e currently have files dated back in the 50's with limited space and storage."

L

i.

[,,,

I

I would advise against the destruction or removal of such records. It is well recognized that public records may not be destroyed except in compliance with statutory direction. Gallagher v. Marion Co. Victim Advocate Program, Inc., 401 N.E.2d 1362 (1980). Section 30-1-10 et seq. (Public Records Act) governs the sanctity and security of public records (defined in Section 30-1-lO(a)) in South Carolina. In an Opinion dated June 6, 1984, we commented that Section 30-1-10 et seq. '"provides a comprehensive scheme for determining what public records should and must be preserved ... ." Citing Op.Atty.Gen., December 7, 1978. In addition, we concluded that the statute delegates to the Department of Archives and History" the authority, within its discretion, to determine how long records shall be preserved in accordance with the 'effective management of records .... "' Section 30-1-30 makes it a criminal offense for the unlawful removal of a public record from an office where it is usually kept or the altering, defacing, mutilation, secretion or destruction of public records. I have been able to locate no statute which expressly deals with the authority to destroy a coroner's records relating to death investigations. In view of the fact that the Legislature has not seen fit to authorize such destruction, at least by the Coroner, it would appear that no authority exists outside of the Public Records Act. REMBERT

c. D ENNIS B UI LDING

•

Rf=()J u=~T 1 i::TTJ:"D

POST OFFIC E B o x

11 549

•

C OLUM BI A . S.C. 292 11 - 1549

•

TELEPHONE:

803-734-3970

•

FACS IMILE: 803-253-6283

Coroner Shore
Page 2
March 25, 1997
Moreover, we have concluded elsewhere that in the investigation of a death, a coroner is akin to that of a court in conducting a judicial proceeding. I can imagine circumstances where records of a long-closed death investigation might be valuable if the need for a revitalized criminal case should appear or if such records were needed by other courts such as in civil litigation. Moreover, even if the records had no present use left, such records would ultimately have historical value.

I
I

Therefore, it would be my recommendation that such records should not be destroyed. I would recommend in the alternative that you contact the Department of Archives and History, Local Records Division. Their telephone number is (803) 7347914. I would hope that the Archives could assist you with recommendations for storage and/or duplication of these records in light of your space problem. This letter is an informal opinion only. It has been written by a designated Assistant Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kind regards, I am

Ro ert D. Cook
Assistant Deputy Attorney General
RDC/ph